38th GST Council Meeting: GST Return Filing ChangesSaloni Sheth / 2020-02-04 04:45:20
In 38th council meeting of GST, several changes were made regarding GST rates, increase in the number of exempted goods, changes in some procedures and laws, etc.
There are certain changes made in GST return filing which are:
• Annual GST return filing due date extension.
• Actions will be taken for non filing of GSTR-3B
• Relief in GSTR-1 form
• GST return filing due date extended for North Eastern states
This article will highlight the changes in GST return filing made during the 38th GST council meeting.
What is the new date is decided for annual GST return filing?
The annual filing date for GST returns as GSTR-9 Form and the assessment report for FY 2017-2018 (Audi Report) as GSTR-9C form were now extended to 31 January 2020. Originally, it was decided to be 31st December 2019.
What is the new due date decided for GST return filing for North Eastern states of India?
The due date of the GST return filed by the taxpayers of J&K and a few other North-Eastern States for November 2019 is to be extended to 31 December 2019.
What actions will be taken against non filing of Form GSTR-3B?
In case GSTR-3B report is not filed, the GST Council proposed that all GST tax officers have a standard operating procedure in respect of nonfiler action. The criminal proceedings will be carried out in accordance with this protocol.
• The dealer has to pay interest at 18 percent per year.
• The taxpayer's interest on the amount of outstanding tax to be collected.
• The timeframe for determining interest rates is from the next day of deadline to payment date.
1. The late charge per day is Rs 200 (Rs 100 for CGST and Rs. 100 for SGST).
2. The late filling fee is 0.25% of the taxable person's turnover.
What if the dealer doesn't file his return even after this?
If the dealer does not submit a return file after imposing fines above, then Section 62 will be implied. The responsible officer assesses tax on the basis of the details with the department in his best judgment. Before starting the assessment, it will not give any further warning. The maximum penalty is excess of 10% of the tax due or Rs. 10,000.
How was relaxation provided for the GSTR-1 filling?
The taxpayer who has not filed GSTR-1 between July 2017 and November 2019 will not be entitled to the late fee if GSTR-1 returns are filed by 10October 2020.
What are the decisions are made on e-way bill generation?
To taxpayers who did not file their FORM GSTR-1 for two months in a row, the GST Council declared that the generation of e-waybills should be prohibited for that Taxpayer.
What GST Input Tax Credit decisions have been made?
The following decisions were adopted with respect to the GST Input Tax Credit:
The recipient's GST Input tax credit for the invoices or debit notes not reflected in his GSTR-2A return shall be limited to 10% of ITCs available in his GSTR-2A's invoices / debit notes.This checks the danger of fraudulent ITC invoices.
Adequate action shall be taken in this respect to blocking the taxable person claiming fake GST input tax credit.